Our Blog

How is the length of a sentence determined in Florida?

Posted by Stephen G. Cobb, BCS | Sep 17, 2023 | 0 Comments

In general terms, the duration of a sentence is related to the seriousness of the crime. For example, minor crimes, such as traffic violations, often have shorter sentences, up to 60 days in prison. By contrast, more serious crimes, such as first-degree murder, can carry much harsher penalties, such as life in prison or even capital punishment.

In Florida, the length of a sentence is determined by several factors. State law establishes a series of guidelines for judges and prosecutors to follow when determining sentencing:

1. Severity of crime

Serious crimes like murder or rape have longer penalties than minor crimes like theft. In addition, violent crimes often carry longer sentences than non-violent crimes.

2. Criminal history

Another factor taken into account is the defendant's criminal history. The sentence may be longer if the defendant has a prior criminal record. On the other hand, if the defendant has no criminal record, the sentence may be shorter.

3. Other aggravating or mitigating circumstances

In addition to these factors, judges may also consider other mitigating or aggravating factors. For example, if the defendant cooperated with authorities or showed remorse, the sentence may be shorter. On the other hand, if the crime was especially cruel or if the defendant used a weapon, the sentence may be longer.

It is important to note that sentencing guidelines in Florida are just that – guidelines. Judges have some discretion in determining the final sentence and may deviate from the guidelines if they deem it necessary. However, any deviation must be duly justified and documented.

In some cases, defendants may be eligible for parole after serving a portion of their sentence. Probation allows the defendant to be released from jail before serving their full sentence but is still subject to certain conditions and restrictions.

About the Author

Stephen G. Cobb, BCS

Stephen G. Cobb, BCS is a highly experienced criminal defense attorney who handles a wide variety of criminal cases throughout the state of Florida. Mr. Cobb was born and raised in Northwest Florida, living in cities such as Pensacola, Fort Walton Beach, Cantonment, Okaloosa Island, Shalimar and ...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment